Contracts II
Restatement Second of Contracts § 348(2)
Alternatives to Loss in Value of Performance
. . .
- If a breach results in defective or unfinished construction and the loss in value to the injured party is not proved with sufficient certainty, he may recover damages based on
- the diminution in the market price of the property caused by the breach, or
- the reasonable cost of completing performance or of remedying the defects if that cost is not clearly disproportionate to the probable loss in value to him.
. . .
Copyright, The American Law Institute